BHARAT PRABHULAL PARMAR Vs. PREMKUVARBEN PARSOTTAMBHAI

JUDGEMENT

(1.) Heard learned Advocate Ms. Shivangi Vyas for learned Advocate Mr. Nikunj Kanara on behalf of the petitioner.

(2.) It appears that by way of this application, the applicant has challenged orders dtd. 6/9/2017 and 11/9/2017 passed in Regular Civil Appeal No. 11 of 2006 by the learned 6 th Additional District Judge, Jamnagar whereby the Regular Civil Appeal No. 11 of 2006 preferred by the applicant herein had been dismissed for non-prosecution and whereas, an application for restoration had also not been considered by the learned Appellate Court.

(3.) Perusal of the record reveals that vide the Regular Civil Appeal No. 11 of 2006 before the learned District Court, the present applicant had challenged a judgment and decree dtd. 19/9/1995 passed by the learned Civil Judge, Senior Division, Jamnagar in Regular Civil Suit No. 7 of 1982. It also appears that the learned First Appellate Court while dismissing the appeal for non-prosecution, was also concerned about the fact that the appellants had after filing of the appeal, not served respondents no. 1 to 4 and 6 to 14 before the learned First Appellate Court from the date the appeal had been preferred till date the appeal had been dismissed.